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Murphy: Nothing improper in court-job recommendations

By Lyle Moran, lmoran@lowellsun.com

Updated:
01/25/2014 06:51:18 AM EST

"I recommend a lot of people for different things if they are qualified and are reputable individuals. There was no quid pro quo when it came to these recommendations."
state Rep. Kevin Murphy, D-Lowell

LOWELL -- The defense team for the former leader of the state Probation Department recently filed documents in federal court showing that the state's Trial Court kept a list of candidates whom politicians, judges and prosecutors sponsored for court officer jobs.

Attorneys for John J. O'Brien argue the so-called "sponsor lists" were commonplace in the Trial Court, not just in the Probation Department, whose former leaders are facing federal charges.

State Rep. Kevin Murphy, a Lowell Democrat and likely candidate for the Lowell city manager's job, was the lone Greater Lowell lawmaker on the list included in a Thursday court filing by O'Brien's attorneys. Former Middlesex Sheriff James DiPaola, now deceased, was also listed as making court officer recommendations.

Other names on the list include former U.S. Rep. William Delahunt, U.S. Rep. William Keating, who was Norfolk district attorney at the time, numerous state senators and representatives, and judges.

Murphy recommended three candidates for promotion to court officer positions in January 2004 via a phone call, according to one sponsor's list. It does not make clear who received the call. The candidates were listed as assistant court officers Rachel Cohen and Jack Lynch, as well as Paul O'Brien, whose employment title was not listed.

Murphy told The Sun he remembers making the three recommendations. He said the people were constituents and already working in the court system.

"I knew all three of them and I knew of their character and the work they were performing in the court system. I certainly believed they deserved promotions and I put in the recommendations for them."

Murphy said he remembers submitting letters of recommendation, not making any phone calls.

The longtime state representative, who told The Sun recently that he is considering applying for the city manager's job that Bernie Lynch is vacating, said he has no regrets about making the recommendations.

"I recommend a lot of people for different things if they are qualified and are reputable individuals," Murphy said. "There was no quid pro quo when it came to these recommendations."

Murphy acknowledged the Legislature approves the Trial Court's budget, but he said lawmakers vote on a bottom-line figure.

"Clearly, there were members of the Legislature who were securing additional funding for the Probation Department in hopes of securing jobs for family and friends," Murphy said. "I was not part of that nor was I part of any such actions with the Trial Court.

"When it comes to court officers, I did not secure any additional funding for the Trial Court in exchange for these people getting jobs," Murphy said. "It is a totally different arena."

Murphy said he believes all three people he recommended received the promotions they sought.

"I think it was their work ethic rather than my recommendations that got it for them," Murphy said.

Jack Lynch is a court officer in Lowell District Court who is retiring soon.

Jennifer Donahue, a spokeswoman for the Trial Court, declined to provide any information about the three employees' work history or current status due to the pending legal proceedings.

DiPaola recommended three people for court officer jobs -- Dominic Settemio, George Walsh and Kevin Kelleher --- according to the list. The document does not state when the recommendations were made or to whom.

O'Brien, and former top aides Elizabeth Tavares and William Burke, are accused in a federal indictment with rigging the hiring process at the Probation Department to favor candidates promoted by state lawmakers who determined the agency's budget.

William Fick, an attorney for O'Brien, did not respond to a request for comment Friday.

The Trial Court "sponsors list" was included as an exhibit in a motion in which the defense lawyers argue the government has not provided documents the defense has sought.

The motion states that sponsor lists "were standard operating procedure in the Trial Court, not a nefarious Probation racketeering tool designed to 'ensure that the sponsored candidates obtained employment" to which they were not entitled, as the indictment alleges.

"Consideration of legislative recommendations, and weighing the relative power of legislators, was both an understood and accepted practice."

Donahue, of the Trial Court, also declined comment on any allegations made by O'Brien's defense attorneys.

The defense lawyers also write in the motion that the Administrative Office of the Trial Court is searching for additional responsive documents to their information requests.

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